Star Theater owner files motion to avoid arrest

Star Theater owner Michael O’Donnell has managed to dodge another legal bullet that could have landed him in jail.

The 50-year-old Taunton property owner missed a hearing this Tuesday in housing court that was scheduled last week in response to City Solicitor Jason D. Buffington having filed a “short order of notice.”

Star Theater owner Michael O’Donnell has managed to dodge another legal bullet that could have landed him in jail.

The 50-year-old Taunton property owner missed a hearing this Tuesday in housing court that was scheduled last week in response to City Solicitor Jason D. Buffington having filed a “short order of notice.”

Buffington filed the order related to the city’s contempt complaint on Sept. 11, one day after O’Donnell missed a court-ordered deadline to sign over ownership of the Star Theater/Leonard Block building to the city.

O’Donnell, who during the past decade has been associated with a number of distressed properties in the city, signed a court order agreeing to relinquish ownership of the vacant, four-story building at 107-111 Main St. next to the now-empty City Hall on Sept. 3.

A capias, or writ ordering O’Donnell’s arrest, was issued by the court this Tuesday, the same day O’Donnell failed to show up at a hearing on the contempt complaint.

But he avoided being arrested by filing an emergency motion on Wednesday to recall the capias. O’Donnell, who reportedly filed the motion in Brockton District Court, claims to have been “out of town” last week when a constable called to inform him that “important papers” had been dropped off at 73 Main St.

By signing Justice Anne Kenney Chaplin’s order two weeks ago, O’Donnell acknowledged he was not in full compliance with two previous orders to make structural repairs and remove potentially combustible materials from the Star Theater.

The judge also granted the city the right to introduce the agreement in Land Court or Superior Court, as part of a tax title foreclosure proceeding due to unpaid municipal liens.

O’Donnell owes just over $91,000 in taxes and nearly $161,000 for an extended fire watch in 2010, according to fire department and treasurer office records.

By agreeing to terms of the court order O’Donnell would be resolved of all obligation to pay the fees and taxes in connection to the liens.

Local constable Charles “Chick” Rose told the court he made three unsuccessful attempts last week to serve papers to O’Donnell at 73 Main St.

O’Donnell bought the small former bakery building at auction this year. Months ago, a Taunton woman signed a lease in anticipation of opening a Dominican style restaurant there but she has been thwarted by problems associated with sewer tie-ins.

In his motion, O’Donnell says he “immediately” called the court on Tuesday (he refers to the date as Sept. 16) after the clerk’s office called to inform him it was issuing “a warrant for failing to appear.”

Later in the day, Kenney Chaplin approved his request to recall the arrest writ.

Page 2 of 2 - Next Tuesday’s hearing was scheduled after Buffington filed for a new short order of notice after O’Donnell and his lawyer failed to appear for the hearing.

Medford attorney Joseph Papetti, who has represented O’Donnell in court since late July, said Wednesday he would not be back in Taunton next week.

“I no longer am representing the guy,” Papetti said.

O’Donnell, who is facing a civil trial in Suffolk Superior Court on charges brought by the attorney general’s office of unscrupulous real estate transactions conducted over the course of five years, bought the Star Theater/Leonard Block building in 2002 for $154,400.

The appraised value of the building and its land is $134,500, according to Taunton’s assessor’s office.